Terms & Conditions

About the Website

• Welcome to www.puzzleaccounting.com.au (the 'Website'). The Website Puzzle Accounting & Tax Services (the 'Services').
• The Website is operated by Puzzle Accounting (ABN 41 648 322 730). Access to and use of the Website, or any of its associated Products or Services, is provided by Puzzle Accounting. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services,immediately.
• Puzzle Accounting reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Puzzle Accounting updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records

About the Website

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Puzzle Accounting in the user interface.

Registration to use the Services

• In order to access the Services, you must first register for an account through theWebsite (the 'Account').
• As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including
  • Email address
  • Preferred username
  • Mailing address
  • Telephone number
  • Password
  • Tax File Number
• You warrant that any information you give to Puzzle Accounting in the course ofcompleting the registration process will always be accurate, correct and up todate
• Once you have completed the registration process, you will be a registeredmember of the Website ('Member') and agree to be bound by the Terms.
• You may not use the Services and may not accept the Terms if:
  • you are not of legal age to form a binding contract with Puzzle Accounting; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

Your obligations as a Member

• In order to access the Services, you must first register for an account through theWebsite (the 'Account').
• As a Member, you agree to comply with the following:
  • you will use the Services only for purposes that are permitted by:
    • The Terms; and
    • Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services
  • any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Puzzle Accounting of any unauthorised use of your password or email address orany breach of security of which you have become aware
  • access and use of the Website is limited, non-transferable and allows forthe sole use of the Website by you for the purposes of Puzzle Accounting providing the Services
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Puzzle Accounting
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Puzzle Accounting for any illegal or unauthorised use of the Website
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited

Payment

• Where the option is given to you, you may make payment for the Services (the 'Services Fee')by way of:
  • Electronic funds transfer ('EFT') into our nominated bank account
  • Credit Card Payment ('Credit Card')
  • PayPal ('PayPal')
• All payments made in the course of your use of the Services are made using eWAY. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood andagree to be bound by the eWAY terms and conditions which are available on their website
• You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee
• You agree and acknowledge that Puzzle Accounting can vary the Services Fee at any time

Refund Policy

Puzzle Accounting will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Puzzle Accounting makes a decision, at its absolute discretion, that it is reasonable to do sounder the circumstances (the 'Refund')

Copyright and Intellectual Property

• The Website, the Services and all of the related products of Puzzle Accounting aresubject to copyright. The material on the Website is protected by copyright underthe laws of Australia and through international treaties. Unless otherwise indicated,all rights (including copyright) in the Services and compilation of the Website(including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or theServices are owned or controlled for these purposes, and are reserved by PuzzleAccounting or its contributors.
• All trademarks, service marks and trade names are owned, registered and/orlicensed by Puzzle Accounting, who grants to you a worldwide, non-exclusive,royalty-free, revocable license whilst you are a Member to:
  • use the Website pursuant to the Terms
  • use the Website pursuant to the Terms copy and store the Website and the material contained in the Website inyour device's cache memory
  • print pages from the Website for your own personal and non-commercial use
  Puzzle Accounting does not grant you any other rights whatsoever in relation tothe Website or the Services. All other rights are expressly reserved by Puzzle Accounting
• Puzzle Accounting retains all rights, title and interest in and to the Website and allrelated Services. Nothing you do on or in relation to the Website will transfer any
  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system orprocess)
• You may not, without the prior written permission of Puzzle Accounting and the permission of any other relevant rights owners: broadcast, republish, up-load to athird party, transmit, post, distribute, show or play in public, adapt or change in anyway the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain

Privacy

Puzzle Accounting takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Puzzle Accounting's Privacy Policy, which is available on the Website

General Disclaimer

• Nothing in the Terms limits or excludes any guarantees, warranties,representations or conditions implied or imposed by law, including the AustralianConsumer Law (or any liability under them) which by law may not be limited orexcluded
• Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which arenot expressly stated in the Terms are excluded
  • Puzzle Accounting will not be liable for any special, indirect orconsequential loss or damage (unless such loss or damage is reasonablyforeseeable resulting from our failure to meet an applicable ConsumerGuarantee), loss of profit or opportunity, or damage to goodwill arising outof or in connection with the Services or these Terms (including as a resultof not being able to use the Services or the late supply of the Services),whether at common law, under contract, tort (including negligence), inequity, pursuant to statute or otherwise
• Use of the Website and the Services is at your own risk. Everything on the Websiteand the Services is provided to you "as is" and "as available" without warranty orcondition of any kind. None of the affiliates, directors, officers, employees, agents,contributors and licensors of Puzzle Accounting make any express or impliedrepresentation or warranty about the Services or any products or Services(including the products or Services of Puzzle Accounting) referred to on theWebsite, includes (but is not restricted to) loss or damage you might suffer as aresult of any of the following:
  • failure of performance, error, omission, interruption, deletion, defect, failureto correct defects, delay in operation or transmission, computer virus orother harmful component, loss of data, communication line failure, unlawfulthird party conduct, or theft, destruction, alteration or unauthorised accessto records
  • the accuracy, suitability or currency of any information on the Website, theServices, or any of its Services related products (including third partymaterial and advertisements on the Website)
  • costs incurred as a result of you using the Website, the Services or any ofthe products of Puzzle Accounting
  • the Services or operation in respect to links which are provided for your convenience

Limitation of liability

• Puzzle Accounting's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you
• You expressly understand and agree that Puzzle Accounting, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly orindirectly), any loss of goodwill or business reputation and any other intangible loss

Termination of Contract

• The Terms will continue to apply until terminated by either you or by Puzzle Accounting as set out below
• If you want to terminate the Terms, you may do so by:
  • providing Puzzle Accounting with 28 days' notice of your intention to terminate
  • closing your accounts for all of the services which you use, where Puzzle Accounting has made this option available to you
  Your notice should be sent, in writing, to Puzzle Accounting via the 'Contact Us' linkon our homepage.
• Puzzle Accounting may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision
  • Puzzle Accounting is required to do so by law
  • the provision of the Services to you by Puzzle Accounting is, in the opinionof Puzzle Accounting, no longer commercially viable
• Subject to local applicable laws, Puzzle Accounting reserves the right todis continue or cancel your membership at any time and may suspend or deny, inits sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Puzzle Accounting's name or reputation or violates the rights of those of another party

Indemnity

• You agree to indemnify Puzzle Accounting, its affiliates, employees, agents,contributors, third party content providers and licensors from and against:
  • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • )any breach of the Terms

Dispute Resolution

• Compulsory:
  If a dispute arises out of or relates to the Terms, either party may not commenceany Tribunal or Court proceedings in relation to the dispute, unless the followingclauses have been complied with (except where urgent interlocutory relief issought).
• Notice:
  A party to the Terms claiming a dispute ('DisputeDispute') has arisen under the Terms,must give written notice to the other party detailing the nature of the dispute, thedesired outcome and the action required to settle the Dispute.
• Resolution:
  On receipt of that notice ('Notice') by that other party, the parties to the Terms('Parties') must:
  • Within 28 days of the Notice endeavour in good faith to resolve the Disputeexpeditiously by negotiation or such other means upon which they maymutually agree
  • If for any reason whatsoever, 90 days after the date of the Notice, theDispute has not been resolved, the Parties must either agree uponselection of a mediator or request that an appropriate mediator beappointed by the President of the Tax Practitioner Board or his or hernominee
  • The Parties are equally liable for the fees and reasonable expenses of amediator and the cost of the venue of the mediation and without limiting theforegoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each paytheir own costs associated with the mediation
  • The mediation will be held in Brisbane, Australia
• Confidential:
  All communications concerning negotiations made by the Parties arising out of andin connection with this dispute resolution clause are confidential and to the extentpossible, must be treated as "without prejudice" negotiations for the purpose ofapplicable laws of evidence.
• Termination of Mediation:
  If 1 month have elapsed after the start of a mediation of the Dispute and theDispute has not been resolved, either Party may ask the mediator to terminate themediation and the mediator must do so.

Venue and Jurisdiction

The Services offered by Puzzle Accounting is intended to be viewed by residentsof Australia. In the event of any dispute arising out of or in relation to the Website,you agree that the exclusive venue for resolving any dispute shall be in the courtsof Queensland, Australia.

Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute,controversy, proceeding or claim of whatever nature arising out of or in any wayrelating to the Terms and the rights created hereby shall be governed, interpretedand construed by, under and pursuant to the laws of Queensland, Australia,without reference to conflict of law principles, notwithstanding mandatory rules.The validity of this governing law clause is not contested. The Terms shall bebinding to the benefit of the parties hereto and their successors and assigns.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair andreasonable and both parties having taken the opportunity to obtain independentlegal advice and declare the Terms are not against public policy on the grounds ofinequality or bargaining power or general grounds of restraint of trade.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shallremain in force.